Legal Opinion
Commissioner v. Neylan
Court of Appeals for the Ninth Circuit
Decided June 13, 1938No. 8606PublishedCited by 3 opinions
1Opinion of the Court
DENMAN, Circuit Judge.
This is a petition by the Commissioner of Internal Revenue to review a decision of the Board of Tax Appeals which overruled the Commissioner’s determination of a deficiency in taxpayer’s income tax return for the year 1931.
In 1929 the taxpayer acquired corpo-, rate stock for which he paid $49,156.59. In 1931, more than two years later, he sold it for $3,174.30, and the day following the sale purchased shares of identical number and kind for $3,570.50. The stock acquired in this second purchase was sold the same day for the sum of $3,160. Thus, disregarding'the wash sale,…
2Cases cited4 opinions
- Helvering v. New York Trust Co.Supreme Court of the United States · 1934
- McFeely v. CommissionerSupreme Court of the United States · 1935
- Helvering v. Inter-Mountain Life InsuranceSupreme Court of the United States · 1935
- Heinz v. Commissioner of Internal RevenueCourt of Appeals for the Third Circuit · 1938
3Cited by3 opinions
- United States v. BokCourt of Appeals for the Third Circuit · 1939
- Augustus v. MooreCourt of Appeals for the Sixth Circuit · 1939
- Bank of New York & Trust Co. v. United StatesDistrict Court, S.D. New York · 1938